The family of a 10-year-old New York girl who suffers from cerebral palsy was recently awarded $130 million in a medical malpractice claim, following the third trial in which the family sought compensation from the obstetrician who delivered her at St. Charles Hospital.
It’s one of the highest known medical malpractice verdicts in the state. The only other case with a higher award amount was Flaherty v. Fromberg, which resulted in a $202 million verdict in 2007. That case involved the family of another brain-damaged baby, though the verdict was later reduced to $67 million following an appeal.
Our New York City medical malpractice attorneys understand that the girl, delivered in 2002, was reportedly deprived of oxygen just before birth. The jury in this latest trial found that this was a direct result of the doctor’s departure from accepted obstetrical practice.
Today, the girl is unable to walk, talk, write or even swallow without assistance. Still, she is believed to have near-normal intelligence and is aware of her surroundings and all her disabilities. She is essentially believed to be a prisoner in her own body.
The jury based its compensation amount on a number of calculations, including:
- Past and future pain and suffering;
- Cost of supervised living;
- Cost of physical therapy;
- Cost of home health aides;
- Loss of earning capacity.
She was awarded additional damages for pain and suffering – $10 million for the past and nearly $83 million for the future.
Even after all this time, it appears the ordeal may not be over, as the hospital has vowed to either request another re-trial or appeal this verdict to a higher court. One of the previous cases had been found in the family’s favor, but that decision was later reversed on a technicality. A second trial resulted in a hung jury.
The parents say that it’s not about money. It’s about ensuring that their daughter has security in her future and that she will be well cared-for.
Cerebral palsy is a disorder of muscle tone, movement or posture that is either caused by an injury or an abnormal development in the brain. When children aren’t genetically born with the condition, it’s often the result of a lack of oxygen at birth.
This is just one example of potential birth injuries that can arise in a hospital when doctors or staffers fail to properly do their jobs. Some examples of what can go wrong include:
- Failure to properly monitor the baby during labor;
- Improper use of vacuums and forceps;
- A delay in ordering a C-section;
- Failure to exercise caution with surgical tools;
- Pulling or pressing too hard while delivering the infant;
- Administering too much medication – or the wrong medication;
- Failure to properly diagnose a birth complication.
Potential injuries that can be caused by such actions include facial paralysis, brachial palsy, broken bones, subconjectival hemorrhage and brain injuries.
The Law Offices of Nicholas Rose, PLLC offers free consultations. Call 1-877-313-7673.
Additional Resources:
New York Family Awarded $130M in Medical Malpractice Lawsuit, April 19, 2013, Staff Report, Associated Press
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Queens Dialysis Treatments Could Be Dangerous with Negligent Oversight, March 6, 2013, New York City
